Former Independent Police Investigative Directorate head Robert McBride testifying at the state capture inquiry. Picture: Bhekikhaya Mabaso/African News Agency (ANA)

Law enforcement in spotlight as Robert McBride returns to stand

By Zintle Mahlati Apr 15, 2019

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Johannesburg - Ex-Ipid boss Robert McBride is set to resume his third day of testimony at the Zondo commission on Monday morning.

McBride is the first witness in the commission's investigation into allegations of state capture regarding law enforcement agencies.

His testimony will be followed by that of former KwaZulu Natal Hawks head Johan Booysen.

McBride told the Zondo commission that when he was appointed as IPID head in 2014, he decided to re-evaluate the Zimbabwe rendition matter.

Dramat and former Gauteng Hawks head Shadrick Sibiya had been accused of unlawfully handing over Zimbabwean fugitives to the Zimbabwean police in 2010. The suspects later died in custody.

McBride said the final report and the provisional report on the rendition differed. The first report had recommended that Dramat and Sibiya be prosecuted regarding their involvement in the rendition matter.

The final report, which was compiled under McBride’s supervision, recommended that no charges be brought against Sibiya and Dramat. McBride said those recommendations were based on the fact that cellphone records showed that Sibiya and Dramat were not in the area where the rendition took place.

McBride said his office sent the final report to the National Prosecuting Authority (NPA).

He said months later, there was a request from Nhleko requesting that all documents related to the rendition matter be sent to his office. He said he reluctantly complied. McBride said a few weeks later in December 2014, Nhleko’s office announced the suspension of Dramat.

McBride also told the commission how he believes the Werksmans Attorneys report, which was used to bring criminal charges against him, was rushed and came to the wrong conclusions regarding the Zimbabwean rendition matter.

Nhleko took issue with McBride for the second final report which was compiled and accused him of falsifying the report. This is the reason he gave to suspend McBride and also appoint Werksmans to investigate the matter.

McBride also accused Nhleko of interfering in Werksmans investigation by contacting Ipid investigator Innocent Khuba while the investigation was underway. Nhleko even invited Khuba to Cape Town on his expense. McBride believes the purpose was to influence the investigation.

McBride was arrested in 2016 a year after the Werksmans report was released.

The charges were dropped in November 2016 and McBride believes the charges had no basis and were pushed by those who had an ulterior motive.

"My view in this instance was that they (Werksmans) got it wrong and jumped to conclusions. It was a hurried report, this was just a process to ultimately nail us at the end.